In Re Gabrielle D.
39 A.3d 655
R.I.2012Background
- DCYF filed a petition on October 5, 2009 to terminate Armand D.'s parental rights to Gabrielle D. on multiple statutory grounds.
- Trial spanned April 8, 2010 to October 15, 2010; witnesses included Armand, Dr. Parsons, DCYF caseworker Nevins, clinician Carey, case manager Petrin, and Chartier.
- Gabrielle, born May 11, 1999, had been in DCYF custody since September 2007; she was interviewed in camera and had been in foster care for approximately two years at trial.
- Armando admitted substance abuse problems and that visits with Gabrielle had been suspended since mid-2008; he claimed to be in treatment for over two years by trial.
- Dr. Parsons found reunification at high risk and recommended permanency planning; Nevins testified Armand did not participate in case planning after the first plan.
- The Family Court terminated Armand's parental rights by finding four grounds present and that termination was in Gabrielle's best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable efforts to reunify | DCYF argued it made reasonable efforts under §15-7-7(b)(1) to strengthen the parent-child relationship. | Armand contended DCYF failed to make reasonable efforts to reunify. | DCYF's efforts were reasonable under the totality of circumstances. |
| Clear and convincing evidence of unfitness | DCYF proved Armand's chronic substance abuse and related conduct rendered him unfit. | Armand contested the sufficiency of evidence for unfitness. | There is clear and convincing evidence of unfitness. |
| Abandonment/detention of Gabrielle | DCYF argued Armand abandoned Gabrielle by ceasing contact and support. | Armand argued no abandonment occurred given his efforts and treatment. | Evidence supported a finding of abandonment. |
Key Cases Cited
- In re Natalya C., 946 A.2d 198 (R.I. 2008) (reasonable efforts may be satisfied when services are received elsewhere)
- In re Steven D., 23 A.3d 1138 (R.I. 2011) (limits on the extent of DCYF's reasonable efforts when a parent is uncooperative or not benefiting from offered services)
- In re Jose Luis R.H., 968 A.2d 875 (R.I. 2009) (reasonable efforts required for termination under multiple subsections)
- In re Kayla N., 900 A.2d 1202 (R.I. 2006) (limits to extending reasonable efforts; parental conduct considered)
- In re Nicole B., 703 A.2d 612 (R.I. 1997) (parental liberty interest and standards for termination)